Court of Criminal Appeals of Texas, 1976

Smith v. State

Court of Criminal Appeals of Texas · Decided October 13, 1976 · Dally

542 S.W.2d 150; 1976 Tex. Crim. App. LEXIS 1091 (South Western Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Bob Smith Bail Bonds, Surety v. State (Tex. App. 1998)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OPINION

DALLY, Commissioner.

These are appeals from final judgments forfeiting appearance bonds.

The appellant, a surety on the bonds, asserts there is insufficient evidence to support the judgment because the judgments nisi were not admitted in evidence. A final judgment forfeiting a bail bond must be supported by the judgment nisi. Fears v. State, 500 S.W.2d 815 (Tex.Cr.App. 1973); Purkey v. State, 494 S.W.2d 541 (Tex.Cr.App. 1973); Morgan v. State, 157 Tex.Cr.R. 117, 247 S.W.2d 94 (1952). The State did not offer in evidence the judgments nisi; the State concedes error.

The judgments are reversed and the causes are remanded.

Opinion approved by the Court.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.